H1B transfer after revoked I140

[viva2020]

Hello,

   I have an approved I-140 from a previous employer A, and I got my H1B extended beyong the original 6 years for another 3 years. I then transfered to a new company B. I still have 2 years left on my H1B extension. I now have a job offer from company C which is very much a position I desire and I want to transfer to company C using my approved I 140.

 

My question is, I am not sure if my I140 got revoked. If it did get revoked, and company C files for my H1B transfer, will it get approved? I know that I can keep the priority date from a revoked I-140, but I am not sure if a new H1B transfer can go through successfully if the I -140 got revoked. The extended H1B I am on currently is still valid for 2 more years. Please assist me in deciding whether I can accept the offer from company C.

Thanks

Viva

[geethb]

Any transfer after 140 revoke would not get approved after 6th year.

If your transfer goes through that means 140 is still active.

[viva2020]

Thanks geethb. Can you please let me know if there is a way to find out if the I-140 has been revoked? The company A I worked with that had filed for the I-140 had a number of staff changes in the HR, and I am not able to get a reply from them whether they revoked it. The company is a very stable company, I am just having trouble getting news from them.  The attorneys do not reply to queries unless it is routed through the company.

I see in other forum replies that if you put in a receipt notice in USCIS case status, and if there is no change in last updated date, then it means there has been no further action on the I-140. Is this true? Is there a USCIS number I can call and find out the status?

Thanks.

[madhu418]

To my knowledge an I140 petition should be provided with a recipet number. check your case status on USCIS with that number and you should know. this info may not be so accurate (if employer filed to withdraw your petition then USICS may take 2-3 months to update your post decision activity in some cases.)

 

In the mean time ask B to file for your PERM if it is not already done and based on that I think you should be able to get your H1B transferred to C (chances are you will get one year ext based on pending PERM). Speak with your C attroney and validate my previous sentence.

[viva2020]

Thanks Venki418. I talked to the attorneys for company C , and they are saying they confirmed that the I-140 is still valid and that there should be no problems so they are going ahead with the transfer. However, I think they also used the receipt number in the USCIS online case status system and that is the confirmation they are using. It has been 3 years since the I-140 was approved and there has been no change in the status, so I am hoping nothing will go wrong.

Your point about filing a PERM with B and getting an extension is a good one, and something I overlooked, but since the transfer process to C has already started, I am not starting any proceedings for PERM with current company B, although they are willing to do so. Right now, the attorneys for C have said they think the transfer should go through, so am hoping for the best,

[madhu418]

good to know. al da best. i am sure you will join C only after you get H1B approval.

[viva2020]

Thanks, yes I am joining only after the approval comes through. The transfer is being done by premium process